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Public Policy
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August 15, 2025
Interior Dept.'s Clean Energy Rules Could Snag Grid Hookups
Recent U.S. Department of the Interior moves to place additional regulatory and permitting burdens on renewable energy facilities may also cover projects those facilities need to get on the grid, the agency has told Law360.
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August 15, 2025
Bid To Stop Spectrum Rule Waiver Renewed At FCC
A spectrum licensee is calling out the Federal Communications Commission's decision to assign licenses previously held by Telesaurus Holdings and Skybridge Spectrum Foundation to Progeny LLC, saying the commission's waiver of spectrum aggregation limits in the M-LMS band for Progeny reflects "arbitrary, preferential decision-making" that others haven't been granted.
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August 15, 2025
Feds Look To End Seminole Land Seizure Dispute
The federal government urged a Florida federal court to toss a suit by two members of the Seminole Tribe of Florida who say federal agencies are threatening to confiscate their land inside Big Cypress National Preserve, arguing they fail to allege any waiver of U.S. sovereign immunity.
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August 15, 2025
Trump's Divisive 'China Initiative' May Get A Vigorous Reboot
The Trump administration's ongoing battles with major universities may soon include the revival of an initiative that, with mixed success, targeted professors with ties to China during the president's first term, and experts told Law360 the second incarnation may be even more aggressive.
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August 15, 2025
Amazon Keeps Damages Expert For FTC's Prime Case
A Washington federal judge refused Friday to nix an Amazon.com expert from the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, allowing the jury to hear arguments that the FTC's accusations under an online shopping protection law are "an unpredictable departure."
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August 15, 2025
Chippewa Cree Sues Montana County Over Native Vote Dilution
An Indigenous tribe is asking a federal court to block Chouteau County, Montana, from using an at-large election system and implementing three single-member voting districts, arguing the policies are artificially suppressing Native Americans' ability to equally participate in the electoral process.
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August 15, 2025
Judge Clears School Of Violating GOP Club's Speech Rights
A Michigan federal judge has ruled that a public high school in Ann Arbor did not violate the constitutional rights of conservative students by refusing to air an announcement opposing an abortion rights measure.
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August 15, 2025
Texas AG Opens Investigation Into Xcel Over Panhandle Fires
Texas Attorney General Ken Paxton said he's investigating whether Xcel Energy and a contractor broke any laws in connection with devastating fires in the Texas Panhandle last year, questioning whether they put environmental or diversity goals ahead of safety.
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August 15, 2025
5th Circ. Backs San Antonio's Park Plan Over Tribal Protests
The Fifth Circuit has upheld a lower court order saying a San Antonio park has legitimate public safety issues that allow the city to implement a tree removal plan and rookery management measures while also giving tribal members access to a disputed area for religious ceremonies.
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August 15, 2025
IRS Strips 5% Safe Harbor In Solar, Wind Tax Credit Guidance
Large-scale clean energy projects seeking to claim solar and wind tax credits before they expire under a new accelerated sunset schedule can no longer rely on a safe harbor to incur 5% of the building costs to establish eligible construction start dates under Internal Revenue Service guidance released Friday.
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August 15, 2025
Mass. Nonprofit To Pay $1M To Settle FCA Allegations
A Massachusetts nonprofit will pay $1 million to settle allegations it violated the False Claims Act by securing a pandemic relief loan that it was never eligible for and was later forgiven, federal prosecutors said Friday.
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August 15, 2025
US Eyeing Tariffs, Port Levies Over Shipping Emissions Plan
The U.S. government is considering tariffs, visa restrictions or port levies — and potentially a combination of those measures — in response to an intergovernmental plan to push the global shipping industry toward achieving net-zero greenhouse gas emissions, a U.S. Department of State spokesperson told Law360.
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August 15, 2025
Madigan Ally Seeks Release Pending Bribery Appeal
A lobbyist for Commonwealth Edison asked an Illinois federal judge to let him remain free on bond while he appeals a jury's finding that he and others conspired to bribe former Illinois House Speaker Michael Madigan, saying the Seventh Circuit will consider multiple questions of law that could warrant a reversal, new trial or reduced sentence.
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August 15, 2025
AT&T Seeks Approval To Halt Copper Service After Thefts
AT&T is asking the Federal Communications Commission for emergency authorization to suspend its copper-based phone legacy service for 22 customers outside Dallas, claiming that service outages were caused by a series of copper thefts from its facilities in June.
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August 15, 2025
'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs
After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.
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August 15, 2025
NLRB Top Cop Says States Can't Act As Agency Stand-In
The National Labor Relations Board's acting general counsel opined Friday that federal law blocks pending state proposals to take on the agency's labor relations oversight even when the board can't perform certain functions because it lacks a quorum.
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August 15, 2025
3rd Circ. Won't Rehear Pa. County's Dominion Contract Suit
The Third Circuit has declined to revisit a ruling that a Pennsylvania county's commissioners lacked standing to sue Dominion Voting Systems over alleged security flaws during the 2020 election.
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August 15, 2025
Interim US Atty In NM Named To Acting Role, Sens. Protest
The interim U.S. attorney for the District of New Mexico has been designated acting U.S. attorney — the latest in the Trump administration's efforts to bypass the Senate confirmation process and install the president's picks.
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August 15, 2025
FCC Warns Of Possible $2.4M Pirate Radio Fines In Ill., Conn.
Someone is operating an illegal radio station on a residential street in Springfield, Illinois, and the Federal Communications Commission says it can and will fine the person responsible more than $2.4 million if they don't cut it out — and it's not the only one.
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August 15, 2025
Town Says TV Reporter Bypassing Own Blame For Broken Leg
A television news reporter can't shirk the blame for his broken leg after he allegedly failed to exercise reasonable care while walking in a parking lot and got run over by a town worker, the town told North Carolina's highest court in seeking to undo a jury verdict favoring the reporter.
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August 15, 2025
Md.'s Digital Ad Tax Violates 1st Amendment, 4th Circ. Says
A provision in Maryland's digital advertising tax that prevents tech companies from directly passing the tax on to customers is unconstitutional, the Fourth Circuit said Friday, ruling that it unfairly suppresses companies' ability to explain the tax to consumers.
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August 15, 2025
Judge Questions How New Jersey US Atty Ascended To Role
A federal judge tasked with deciding if acting U.S. Attorney Alina Habba was legitimately serving as New Jersey's top federal prosecutor was curious about how she ascended to the role in the first place, suggesting at one point during a hearing Friday that the government proposed a game of "musical chairs" designed to "shoehorn" her into the position.
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August 15, 2025
Truck Co. Asks Justices To Review Denial Of $268M Tax Break
A Tennessee truck company seeking $268 million in excise tax exemptions for its refurbished tractors has asked the U.S. Supreme Court to review a Sixth Circuit decision finding the company's tractors might not qualify because they may have previously been sold to tax-exempt buyers.
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August 15, 2025
Vape Cos. Urge 4th Circ. To Halt NC E-Cigarette Law
A coalition of vaping interests is urging the Fourth Circuit to find that a North Carolina law prohibiting the sale of e-cigarettes not approved by the U.S. Food and Drug Administration is blocked by federal policy.
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August 15, 2025
Exec Snared In Now-Dismissed Eric Adams Case Avoids Jail
A wealthy construction executive who admitted illegally funneling over $12,000 into the 2021 campaign of New York City Mayor Eric Adams avoided prison on Friday at a sentencing that followed the government's decision not to proceed against the mayor himself.
Expert Analysis
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
FCPA Shift Is A Good Start, But There's More DOJ Should Do
The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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How Providers Can Brace For Drug Pricing Policy Changes
Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Debunking 4 Misconceptions Around Texas' IV Therapy Law
Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Psychedelic Treatment Regs May Be At A Tipping Point
Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.